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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S. G. MEHARE, SANJAY A. DESHMUKH, JJ
Superintending Engineer – Appellant
Versus
Sau. Saroj wd/o Magan Damare – Respondent
ORDER :
SANJAY A. DESHMUKH, J.
1. Heard finally with the consent of the learned counsel.
2. This application is filed for a review of the judgment dated 10.02.2023, passed by this Court, in a writ petition No.5750 of 2021. The said writ petition was filed by the wife and son of the employee late Magan Damare, for compassionate pension, who was serving as a watchman with the applicants herein. His services were terminated and he was dismissed on account of absenteeism after conducting departmental enquiry.
3. The husband of respondent No.1 and father of respondent No.2 was serving with the applicants from 20.11.1981. He served there for 22 years. On account of continuous absenteeism, a departmental enquiry was conducted against him. He was dismissed from service. He did not challenge the dismissal order passed by the applicants. He died on 5.4.2012. The respondent Nos.1 and 2 filed applications/representations dated 21.11.2012 and 28.01.2014 for granting compassionate pension. The said applications were rejected by the applicants. The said orders were challenged before the Maharashtra Administrative Tribunal, Mumbai, Bench at Aurangabad, vide Original Application No. 936 of 2019. The sa
Compassionate pension may be granted despite dismissal for absenteeism if there is no moral turpitude involved, highlighting the limited scope of review under the Code of Civil Procedure.
Compassionate allowances must consider the overall service and financial condition of the dismissed employee, as per established guidelines.
Dismissal from service – Compassionate allowances - While granting compassionate allowance authority has absolute discretion to decide as to time period from which allowance is to be paid and a gover....
The main legal point established in the judgment is that the entitlement to compassionate allowance under Rule 65 of the Railway Services (Pension) Rules, 1993 should be determined based on the absen....
The main legal point established in the judgment is that the grant of compassionate allowance and pension under the CCS (Pension) Rules, 1972 should consider the deserving nature of the case and is n....
The need for special consideration in cases of compassionate allowance and the exceptions where the reasons for dismissal from service need to be taken into account.
Compassionate allowance under Rule 2.5 of Punjab Civil Service Rules is distinct from pension and must be evaluated independently, regardless of prior dismissal for misconduct.
The main legal point established in the judgment is that economic distress and the length of service can warrant 'special consideration' for compassionate allowance under Rule 41 of the CCS Pension R....
The court held that the denial of compassionate allowance must include a comprehensive evaluation of all circumstances, particularly the applicant's financial situation, rather than solely relying on....
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